COMPARATIVE STUDIES OF MATRIMONIAL REMEDIES UNDER HINDU AND MUSLIM LAWS

AUTHOR – SHIPRA SINGH* & DR JUHI SAXENA**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSORS AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – SHIPRA SINGH & DR JUHI SAXENA, COMPARATIVE STUDIES OF MATRIMONIAL REMEDIES UNDER HINDU AND MUSLIM LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 717-722, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The remedies of matrimony constitute an important aspect of the Indian personal laws, providing the legal basis to deal with marriage disputes and safeguard the rights of individuals and bring about social justice in the marriage institution. These remedies exist under the special personal laws, especially the Hindu and Muslim laws, since India has a pluralistic legal system and are disparate in their conceptual basis, process, and relief. This paper engages in a comparative analysis of matrimonial remedies in Hindu law, which is mainly regulated by Hindu marriage act 1955 and Muslim law, which was regulated by Quran, Dissolution of Muslim marriages act 1939 and the judicial precedent. The paper looks at the most influential matrimonial remedies including restitution of conjugal rights, judicial separation, nullity of marriage, divorce and maintenance with the similarities and differences in their application. It fundamentally examines the character of marriage in both systems of law sacramental and contractual marriage, and the effect of this difference on the grounds of remedy and its flexibility. The special attention is given to the role of women, gender justice, and constitutionality of some practices. The paper also examines how the judiciary may act to balance the personal laws with the constitutional values of equality, dignity and personal liberty. Modern issues like the problem of gender inequality, the conflict between individual legislation and the basic rights and the current controversy on the Uniform Civil Code are discussed. The paper will come to the conclusion by highlighting the necessity of reform-based, gender, and constitutionally consistent matrimonial solutions and maintaining the plurality of the Indian personal law system. The article, based on doctrinal and comparative method, contributes to a better understanding of the matrimonial justice in India and the way the personal law reforms are going to have a new direction.

Keywords: Matrimonial Remedies; Hindu Marriage Act, 1955; Muslim Personal Law; Divorce; Maintenance; Gender Justice; Personal Laws; Constitutional Values; Comparative Study